₦airaland Forum

Johnnyessence:
Dr Charles Omole on Twitter.

REVIEW OF OSUN VERDICT BY SUPREME COURT. Reading the
verdict of the apex court, it is clear the majority based their
decision on technical breach of procedure rather than on the
substantive merit of the case against INEC. A legal technicality
...is a small but ultimately important detail of the law. When a
case is decided based on "a technicality", it means the
defendant would have been in trouble for something but
through some small oversight or misinterpretati on of a rule,
they are found not guilty. The apex court in a split decision of
five to two members of the panel, on Friday, agreed
substantially with the Court of Appeal which ruled that a
majority judgement delivered at the tribunal was a nullity. The
court said the judge who had read the majority judgement ...at
the tribunal, Justice Peter Obiora, was “evidently absent” on
February 6th, 2019, following the documents before the court.
In this case, the Supreme court says because the Lead judge
in the Tribunal did not sign the attendance sheet on 6th
February, ...it is assumed that he was not in attendance; hence
cannot be a judge in a case he did not hear its facts and
details. Justice Bode Rhodes- Vivour who delivered the
majority judgment supported by five of the seven-justices held
that it is settled law that when ...“the rightly constituted panel
of a court does not seat the activities carried out by that panel
is a nullity.” Justice Akaahs in his minority judgment held that
INEC in an election ought to remain an unbias umpire because
even when it erred in law by relying on it’s manual ...to cancel
some aspect of the election, the applicant still met the
constitutional requirements of having the highest votes cast
and spread. But the Election umpire went ahead to cancel the
election and carried out a rerun showing that INEC had a plan
up its sleeves. In this case, the Majority based their verdict on
a Procedural breach; while the Minority based theirs on
Substantive justice, ignoring the technicality relied upon by
their majority colleagues. So WHO made the right decision?
From publicly available facts so far; ...Justice Obiora claimed
he was in court on 6th February; but that he forgot to sign the
attendance register. So APC in its appeal argued that the
judge’s failure to sign at the end of the proceedings on
February 6, 2019, was enough evidence to justify their claim
that Justice Obiora was absent on the day in question. So at
BOTH Appeal & Supreme Courts; the case was no longer about
substantive discrepancies & illegalities alleged against INEC. It
was hinged solely on legality of the Composition of the
Tribunal on 6th Feb. On one hand; I can see why procedural
justice should be promoted as an aid to substantive justice.
After all, the fruit from a poisonous tree is also equally
poisonous. But the court should have put more weight on what
is at stake in this case. Verdicts like this ...does not develop
our jurisprudence as all the substantive matters about INEC’s
conduct have not been addressed by either the Appeal or
Supreme courts. They simply focused on the procedural
irregularity and dismissed the case on that ground alone. So
we are not ...better informed on whether INEC can do what it
did in Osun in future elections or not as the courts turned
wilfully blind eyes on the substantive issues. Justice Obiora,
could have been deposed on oath to ascertain his attendance
and the courts can then focus ...on the substantive issues that
will help develop our law and polity. That is what is needed;
not simply a technical judgement; especially when the
technical irregularity was not the fault of all parties to the
case. A judicial irregularity of such pettiness, ...that could have
been remedied as suggested above should not have been
relied upon solely to vitiate a verdict such that the substantive
allegations were not explored by the justices. This is becoming
a pattern. In the case of Onnoghen; the court of appeal
dismissed ...the case because, “it has been overtaken by
event” since Onoghen had resigned. Onoghen’s resignation
should not have affected a full verdict that will help develop
our law and set justiciable precedents to grow our
jurisprudence. As a result of their reluctance ...to address the
substantive issue of whether the President has power to
suspend a CJN; we are left non the wiser. So a President can
therefore confidently suspend a CJN in future as the appeal
court did not address that question at all. Using just
technicalities to ...decide cases on certain magnitude is a
disservice to justice and in certain cases can be as a result of
judicial corruption. It is almost certain that the current
Presidential election petition could also be decided purely
based on technicalities if these precedents hold.

well said

Lombrozo:
how does it happen, from 1-1 draw in the first half, I would have watch till the end

through penalty

kaffyadeakeem:
[/quote][quote author=mosho2good post=79956206]I remember the day I said I was not going to eat due to anger as a kid.

I have forgotten what exactly happened that evening, but I was Spanked and quarreled So I made up my mind that I wasn't going to eat anything in that house

Dinner was served and I was called upon to dine with my family but I refused. I told them to leave me, that I WON'T eat.

Everyone ignored me, focused on the food and when they were done, they took the Remnant to the kitchen and kept. It was supposed to be my Ration/share.

Maybe I was expecting my mom to Beg me or Pet me to join them but she didn't. Not begging me to eat vexed me greatly that I vowed "Lai Lai, I won't eat tonight, let me even die as a result of hunger but you see that food? I will never touch it"

Bed time came and everyone went to bed but for whatever reason, I couldn't sleep. It was as if the kingdom of darkness, alongside the chief priest in my village merged with The host of marine spirits that night to send Hunger.

I had never experienced that type of hunger before in my entire life, My intestines were cutting. It was as if I drank poison. I couldn't think of closing my eyes not to talk of sleeping.

When it looked like I will pass out the next 3 minutes? I crawled to the dark kitchen and used the Google map and flashlight in my head to locate the food they initially begged me to eat.

I tried to be as quiet as possible. You know it will be a big shame if anyone catches me eating same food I rejected so I was criminal about it.

When I located the food, I quickly sat down in an angle in the kitchen like a rat devouring someone's BSc.

The hunger in me didn't even notify me that I was making noise as I rushed the food before I die for nothing.

And the next thing I saw was a torch light flashing directly towards me. It was my mom. She had noise in the kitchen and came to know if Armmed robbers broke Into our house just to attack her pots of food.

I didn't know what to do or say, I felt ashamed but at the same time, I can't die because of hunger and pride nah. No!

She made sure she flashed me the torchlight well and went back to bed without even saying a word.

My people of God, that was how I survived that night. It's still a testimony to me.

From that day ehn, if I know they will beat me by 7PM. I make sure I eat till my satisfaction till 6pm or even 6:30 pm. In case that demonic spirit in my head deceives me not to eat after the beating.

you made my say

See the cloth they all wear for the party sef

ALLNIGERIANSMAD:
Atiku, Sanmbo, Jonathan, was vice president of Nigeria. Now osinbade is a deputy. That's the difference. Deputy is an errand boy.

your mouth heee

Waiting patiently for Glo reviews

So na dog you dey advertise

Imagine the pain and humiliation the nursing mother would gone through during the ordeals .

They should be under the six feet by now useless people

Look like my village masquerade

obi4eze:


They just blocked the road around Eagle Square and Finance Bridge this morning in the name of democracy celebrations. Around Kugbo area the soldiers are doing one useless 'stop and walk through' thereby causing traffic jam along the Abuja-Keffi express road.
Many Nigerians do not even care if celebrations are on going because as far as they are concerned this government is useless to them.

i saw hell on may 29 on the same road

It's initial gragra.You will be fine as times proceed

I see terrible things

IamPatriotic:
Eranko, Fulani betrayed his father, that's why he's now aligning with Atiku, an ikwere man from Rivers State.

lol

Silicon

KnowAll:
Can someone pls confirm where did MR Governor slept last night.

meaning what?

NLander no go kill person

Why stealing pant when you have your own

The maid set shaa

Love is indeed blind

Acid rain

Masha Allah

Sharp guy

Whoa!!!!!!

Kokoebapluse:
May Almighty Allah. Bless us. Amin

jzk

Aye eee ooo ibosi 30 kini?

Hope Oba is safe oo

Truly gods must be crazy

Hope Oba is safe oo

Is it ACA.?if so you can attach yourself to any audit firm.Are you Abuja if yes you can send your CV to idrisakeem@yahoo.com. in case if there is anything

No add on,but manageable

The cook is dead now.

Op please confirm

They should be covering themselves.Who's is watching them sef with their penchant for bribery & corruption

mrvitalis:
And the present structure represent nigerian present structure

why now?